NJ LAWS
NEWSLETTER E463
Kenneth Vercammen, Attorney at Law
1. Friends,
Professionals, Business owners, 5k runners invited to St. Patrick Happy Hour
& Networking Social.
Recent
Cases:
2. DL suspension
should not be stayed after conviction unless findings of fact.
3. Criminal charge
where later guilty plea to civil violation can be expunged. In the Matter of
the Expungement Application of P.H.
4. Next
community events.
5. Subscribe to our NJ
Municipal Court Law Review newsletter.
6. New YouTube
educational videos
1. Friends, Professionals,
Business owners, 5k runners invited to St. Patrick Happy Hour & Networking
Social
Friday, March 13, 2015
5:30PM - 7:30PM
at Bar Anticipation
703 16th Avenue Lake Como/ Belmar, NJ 07719
Free !
5:30-7:30PM Hot & Cold Buffet
The
reduced price Happy Hour is 6-7PM with $1.50 House Drink, Bud/BudLt draft &
House Wine Special
Please bring a canned food donation for a community food bank, continuing to
provide food and help to individuals in need.
Email Ken Vercammen's Law Office so we can put your name on the VIP list for
wristbands. VercammenLaw@Njlaws.com
The confirmed sponsors for the March 2015 Happy Hour are NJ State Bar
Association Municipal Court Section, Young Lawyers Division, Banking Law,
Taxation, LGBT Rights Section, Immigration Law Section. Health Law Section,
Special Civil Part Special Committee, Lawyers in Transition Committee, Fidelity
and Surety Law Special Committee, Privacy Law Special Committee, Special
Committee for Paralegals, New Jersey Defense Association Board, Retired
Police & Fire Middlesex Monmouth Local 9, Jersey Shore Chamber of Commerce.
If your group,
non-profit or organization wishes to co-sponsor, please contact Ken Vercammen,
Edison, NJ
https://www.facebook.com/events/921987801168706
2. DL suspension
should not be stayed after conviction unless findings of fact. State v
Robertson __N.J.Super.__(App. Div. 2014) A-0296-13T1
In this appeal from a DWI conviction, the court rejects defendant's argument
that the Alcotest results should have been excluded because he was denied
discovery of certain repair records, which were created by the Alcotest's
manufacturer, and certain downloaded data, which the State routinely erases.
The court concludes the records were not discoverable under Rule 7:7-7, nor did
they constitute Brady material.
The court also addressed the unexplained decisions of both the municipal court
and the Law Division to stay defendant's license suspension pending appeal. The
court instructs trial courts that any stay of a license suspension after a DWI
conviction should be supported by adequate findings of fact and conclusions of
law, and should comply with standards governing the grant of a stay pending
appeal set forth in Garden State Equality v. Doe, 216 N.J. 314, 320 (2013).
3. Criminal charge
where later guilty plea to civil violation can be expunged. In the Matter of
the Expungement Application of P.H. 436 N.J. Super. 427 (App. Div. 2014)
The court considered the application of the expungement statute, N.J.S.A.
2C:52-1 to -32, where petitioner was charged with a fourth degree offense but
ultimately agreed to a violation of a statute for which he paid a civil
penalty. Petitioner requested expungement of all criminal records, which was
granted by the trial judge; records of the civil violation and the file of the
NJSPCA were not subject to expungement.
The State appealed, advancing numerous reasons for reversal, primarily arguing
the final disposition controls whether expungement relief is available.
Maintaining the initial criminal charges were part of the same file that was
disposed of through a plea agreement-allowing defendant to pay a civil penalty,
the State asserts expungement cannot be permitted. The court disagreed and
concluded petitioner was not convicted and the final disposition was not a plea
agreement. Rather, the criminal charges were dismissed. Accordingly,
expungement was permitted under N.J.S.A. 2C:52-6(a).
4. Next
community events:
March
1 Belmar St. Patrick Parade (1st Sunday)
12:30
March 2, 2015 at 1:15
Monday
Estate Planning &
Probate Seminar
North Brunswick
Chapter #3885 of AARP
North Brunswick Senior
Center, 15 Linwood Place, North Brunswick, NJ 08902
[Materials distributed at 12:15]
March 7, 2015 South
Amboy St. Patrick Parade -Hand out invites for Happy Hour
March 8,
2015 St Patrick Parade - Woodbridge 1:30
Friday, March 13, 2015
Happy Hour &
Networking Social
5:00PM - 7:00PM
2015 Union County
Saint Patrick's Day Parade Saturday March 14th 2015 at 1.
3/15/15 St.
Paddy's 10 miler & 5k 9:30 Freehold Keg of
beer and some food great FARC event keg is outside.
March 15, 2015 Sunday,
West Orange St. Patrick Parade, Somerville St Patrick's Day Parade Sunday
March 15th, 2015 @ 1:30pm
5. We also
publish the NJ Municipal Court Law Review newsletter. I served as the
Prosecutor for Cranbury Township, Middlesex County for nine years and started
the NJ Municipal Court Law Review to provide attorneys, prosecutors, police
officers and individuals involved in the criminal justice system with recent
criminal and traffic cases.
To subscribe, Please
forward a check or voucher for $20.00 to receive the NJ Municipal Court Law
Review. This quarterly newsletter reports changes in New Jersey Court
decisions, selected revised motor vehicle and criminal laws, cases, seminars,
and information on Municipal Court practice.
Vouchers accepted. Please send a stamped, self-addressed envelope for their
return. Multiple subscriptions encouraged.
Please must send a $20.00 check payable to Vercammen & Associates, PC.
Kenneth A. Vercammen,
Esq.,
Editor- NJ Municipal Court Law Review
2053 Woodbridge Ave.
Edison, NJ 08817
732-572-0500
Tax ID # available
6. We
discontinued doing our weekly WCTC show due to the cost involved. To
better reach and inform our past and current clients, colleagues, and friends
we will be offering New YouTube educational videos for free as part of this
weekly email newsletter.
Removing
an Executor of an Estate
Duty of an Executor
Post Will Instructions
Possession
of Marijuana defense in NJ
NJ Estate Tax
More at:
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ATTORNEY
AT LAW
2053
Woodbridge Ave.
Edison,
NJ 08817
(Phone)
732-572-0500
(Fax)
732-572-0030
website: www.njlaws.com
